The Cowichan case was filed in 2014 — five years before DRIPA was passed. It rests on Section 35 of the Constitution, not on DRIPA. Justice Young emphasized that granting Aboriginal title does not 'displace private owners on the land.' The Cowichan Nation stated they 'do not seek recovery of the private fee simple lands.' The FNLC explicitly called linking the two cases 'highly damaging misinformation.'